1 - PURPOSE
These GTC apply, without restriction or reservation, to the purchase of the Capture HD and Capture 360° Services. The main feature of the Services consists in the generation of an HD Capture (1920*1080px) or a 360° Capture (3000*4000px) from the scalable KazaPlan 3D Planner (hereinafter referred to as KazaPlan Solution). The Service is provided by the company IDILINK, SARL, registered with the RCS of Lille Metropole under the number 509 633 715 and whose head office is located rue Sadi Carnot, 59790 RONCHIN, hereafter referred to as IDILINK. For any information, in particular relating to the follow-up of his order, the Client is invited to contact the Company by e-mail: email@example.com . These GCS are accessible at any time on the Site and will prevail over any other contradictory document. As these GCS may be subject to subsequent modifications, the version applicable to the Customer's purchase is that in force on the Site on the date the order is placed.
2 - DEFINITIONS
3 - ACCESS TO THE SERVICE
The Service is offered through the Customer's KazaPlan Personal Account. The Customer will be able to access the Service by clicking on the option "HD CAPTURE" or "360° CAPTURE", available via the "VISIT" menu of the KazaPlan Solution. After having made the necessary modifications to his HD Capture or 360° Capture, the Customer will be able to order the Service.
4 - DURATION
The GTC come into force on the date of their acceptance by the Customer. They shall remain in force for the entire duration of the service.
5 - ORDERING
The validation of the order of the Service by the Customer is tantamount to acceptance without restriction or reservations of the GCS. Before validating his order, the Customer must purchase credits on the Site. The credits can then be used on the Site to pay for the Service.
6 - PRICE AND TERMS OF PAYMENT
The prices on the Site are indicated in euros "All Taxes Included" (TTC) when the order is registered. Prices take into account any reductions that may be granted on the Site. Prices are firm and final. To make payment, the Customer must pay directly online using a payment card. Once payment has been made, the Customer may use the credits to finalize the order.
7 - INTELLECTUAL PROPERTY
7.1 - CUSTOMER RIGHTS The purchase of the Service does not confer on the Customer ownership of the intellectual property rights to any program, service, design, logo, creation, technology, trademark, or other, relating to the Services. IDILINK and the Partners are the sole owners of the databases made up of the Plans, HD Captures, 360° Captures, information filled in the forms, etc. and are the sole owners of the intellectual property rights on these databases in application of articles L. 112-3 and 341-1 et seq. of the French Intellectual Property Code.
7.2 - GUARANTEE OF NON-INFRINGEMENT The Customer who uses the Service undertakes to respect all intellectual property rights of any kind relating thereto. Any copy, reproduction, modification or representation, in whole or in part, in any form and in any manner whatsoever of the Service or its elements, is prohibited. The User shall hold the Partners and the IDILINK Company completely harmless in the event of a claim alleging a violation of intellectual property rights by the Client.
7.3 - AUTHORIZATION TO USE HD CAPTURES AND 360° CAPTURES BY IDILINK ON THE SITE AND IN EMAILS SENT TO MEMBERS By using the Service, the Client authorizes IDILINK to use its HD Captures and 360° Captures (and the information they contain) that it records on the Site, on the Site and the emails sent to Members. The Client thus authorizes IDILINK to reproduce, represent, broadcast and communicate to the public its HD Captures and 360° Captures. This authorization is valid for the duration of the protection of the HD Captures and 360° Captures by possible intellectual property rights and for the whole world. This authorization is provided free of charge. This authorization is valid to use the Captures HD and Captures 360° and information via the Service, in particular on the Site, to present examples of achievements, to promote the Site or for statistical purposes. Under no circumstances will the Customer's name be mentioned when using the Captures HD and Captures 360°.
8 - RIGHT OF RETRACTION
Given the immediate nature of the Service, orders placed by the Customer do not benefit from the right of withdrawal.
9 - GUARANTEES AND RESPONSIBILITIES
The use of the Service is made under the sole responsibility of the Customer. Consequently, the Client shall be liable for all damages (direct or indirect) caused by the use of the Service. In particular, he shall be solely responsible for all damages (direct or indirect) caused to third parties and for the consequences of any claims or actions that may result. Thus IDILINK can in no way be held responsible in case of damage resulting from the use of the Service by the Client. The Client waives the right to exercise any recourse against IDILINK in the case of legal action taken by a third party against it because of the illicit use and/or exploitation of the Service. It is expressly agreed that IDILINK has no obligation to keep the HD Captures and 360° Captures recorded by the Clients for a determined period of time. The HD Captures and 360° Captures recorded may be deleted at any time. IDILINK is not bound towards the Clients to any guarantee, express or implicit, including any guarantee of quality and suitability for a particular use of the Service. IDILINK's liability is limited in any case to the sum recovered by IDILINK for the Service that caused the damage.
10 - PERSONAL DATA
In application of regulation 2016/679 and the consolidated version of the French Data Protection Act n°78-17 of 2 August 2018, it is recalled that the personal data requested from the Customer is necessary for the processing of his order and in particular for the preparation of invoices. This data may be communicated to any partners of IDILINK in charge of the execution, processing, management and payment of orders, as well as to other partners. For more information on the personal data collected on the Site, please refer to the General Conditions of Use. The Customer has, in accordance with the national and European regulations in force, a permanent right of access, modification, rectification, opposition to portability and limitation of processing with regard to the information concerning him/her. This right may be exercised under the conditions and according to the terms and conditions defined on the Site.
11 - GENERAL CONDITIONS OF USE
The Terms and Conditions of Use of the Site complement the Terms and Conditions of Sale with which they form an indivisible whole, it being specified that in the event of contradiction the Terms and Conditions of Sale shall prevail.
12 - COMPETENT COURT AND APPLICABLE LAW
These GTC and the operations arising from them are governed by and subject to French law. They are written in the French language. In the event that they are translated into one or more foreign languages, only the French text shall be deemed authentic in the event of a dispute. In the event of disputes relating to the validity, interpretation, execution or termination of these GCS, the Customer is informed that he may have recourse to mediation or any alternative dispute resolution method. In the absence of agreement between the Parties, the Commercial Court of Lille shall have sole jurisdiction.